Just got told we are getting evicted

maninthestreet

RPinho wrote: »

I asked him about the deposit and he said "it is protected in a segregated account and also insured with his deposits""deposit will be refunded once all bills are paid"
I dont know what this even means.

Thanks for the pointers.

Ask what deposit protection scheme the deposit is in.

BitterAndTwisted

It sounds like the deposit has been registered with the scheme "MyDeposits" which is an insurance-based scheme where the landlord or agent retains the funds rather than paying them into the scheme directly. I suggest you search for it on that site first. The other two are DPS and TDS

rpc

maninthestreet wrote: »

Ask what deposit protection scheme the deposit is in.

I suspect MyDeposits - OP says "insured with his deposits" and I can see how that gets lost in translation to a non-native speaker who isn't familiar with the setup in Eng&Wales.

If OP hasn't received the prescribed information then they cannot be given notice. On the other hand, they want to leave so could leave on the 2nd October as a mutually agreed surrender.

If the LA is being threatening, then my instinct is to drag them over hot coals and make them see the error of their ways in court. But it depends what OP wants.

What do you want? To stay longer, to leave on 2nd October? Or is your post just intended to find out how things are meant to be done?

RPinho

I have checked and our deposit is secured on "Mydeposits"
we do want to leave the earliest possible but we do not want to be pressured to leave on a date that we think might be to early.
but yes the main reason was to find out what is the correct way that this should have been taken care of.
please bare in mind that all these messages we have received where never from the LL it was always from the estate agent.

Thank you

BitterAndTwisted

Do not acknowledge any of the messages you have received by text, SMS or email, as none of these are legally-binding. And most certainly do not pay their proposed increase in rent.

You are now on a statutory periodic tenancy and you MUST pay particular attention to the precise dates on your tenancy agreement to ensure that you give at least one rental-period's notice when you have secured your onward move.

Meanwhile I would change the BARREL of the lock on the front door and keep it safe so you can swap it back when you leave. You should be able to buy a replacement barrel from somewhere like B&Q for about a fiver and could do it with a screwdriver, depending on what type of lock it is.

Tirian

OK, I think we need to start from the beginning here.

If your fixed term tenancy period has expired, then you automatically enter into a month by month contract.

This does NOT mean that the landlord/estate agent can simply require you to leave at the end of one of those months.

The only way that they can require you to leave is by going through a precise process set out in law. This is:

1) They must send you a legitimate Section 21 Notice

It is only legitimate if filled in correctly, and if they have complied with all the deposit protection legislation - including protecting the deposit within 30 days and giving you the "prescribed information" about the deposit protection ... which it sounds like they may not have done if you didn't know where the deposit was being held.)

This legal document gives you two months notice that the landlord requires the return of the property.

2) If (and ONLY IF) you been served a legally valid Section 21 Notice, the landlord can, AFTER those two months have expired, apply to the court for an eviction.

3) If the court grants that application, they will provide a date to leave the property. Only at this point are you REQUIRED to leave. Until that point, you are entitled to stay - paying rent at the currently agreed amount.

From what you say, you have not received a Section 21 Notice. As such, they have not even begun the process that would legally enable them to require you to leave the property. You may therefore ignore them entirely until they do send one.

If they do send one, then you should check whether it is correct and valid. If not, then you can continue to ignore them. If it is, then as long as you continue to pay the agreed rent, you have OVER two months until you have to be out.

Even if you remain beyond the two months, but continue to pay the agreed rent, you cannot actually be required to leave until the landlord has gone to court and got an eviction notice - so feel free to look for somewhere more appropriate to live until that point, keep the landlord/agent informed of when you will move out - but ignore any bullying or suggestions that you have to leave beforehand. You don't.

On the other hand, if your new property requires a reference from your existing landlord, then you may be best to try to leave by when they want ...

rpc

Did you all sign a single contract as joint tenants, or do you all have individual tenancies?

RPinho

It was a single contract as joint tenants.

thegirlintheattic

Your LA is not based in Bethnal Green by anychance?

RAS

Hi

There was a very good London tenant advisor on here recently. Must see if we can find him and put you in touch.